How to Write a Legal Will in Ontario? Easy Guide…
Writing a will might seem like a daunting task, but it’s one of the most important things you can do to ensure that your assets are distributed according to your wishes and that your loved ones are taken care of after you’re gone. If you’re in Ontario, here’s a straightforward guide to help you through the process…
What is Will Writing?
First off, let’s cover the basics: what exactly is a will? In simple terms, it’s a legal document where you outline how you want your assets—like your property, money, investment accounts, and personal belongings—to be distributed after your death. If you invested in gold or silver, you also want to add those to your will.
The will also allows you to name a guardian for your minor children and appoint an executor, who will manage your estate. In Ontario, anyone who’s 18 years or older and of sound mind can write a will.
For more detailed information on the legal basics, you can check out the Ontario Government’s guide to wills.
Choosing an Executor
This is a must. Choosing an executor is one of the most crucial decisions you’ll make. The executor is the person responsible for carrying out the instructions in your will, which includes distributing assets, paying debts, and handling legal matters. Choose someone you trust—this could be a family member, friend, or even a professional like a lawyer.
For a deeper dive into what an executor does or how to choose one, see this article from RBC.
Listing Your Assets and Deciding on Beneficiaries
Before you start writing, make a list of all your assets. Think of everything—your home, car, bank accounts, investments (including RRSP or TFSA accounts), and even personal belongings like jewelry, gold bars or collectibles. Knowing what you have helps in deciding who gets what. Next, decide on your beneficiaries—the people or organizations you want to leave your assets to. Be specific to avoid any confusion later.
For more on how to list assets and choose beneficiaries, Legal Line offers helpful resources.
Writing Your Will
When you’re ready to write your will, you can do it by hand (this is called a holographic will), type it yourself, or use a will kit or online service. The Canadian Inflation Calculator has reviewed some of the top Canadian will writing services which you can find here.
However you decide to write it, just make sure your will is clear and organized. In Ontario, your will must be signed by you and witnessed by two people who are present at the same time. These witnesses should NOT be beneficiaries in your will.
To understand the legal requirements, check out Steps to Justice for a step-by-step breakdown.
Storing and Updating Your Will
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